Common use of Utility Availability Clause in Contracts

Utility Availability. As of expiration of the Diligence Period, Developer shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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Utility Availability. As of expiration of the Diligence Period, Developer shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: (i) in adjoining public rights-of-way or properly granted and recorded utility easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

Utility Availability. As of Prior to the expiration of the Diligence Period, Developer shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, fiber, and other utility services are: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Office Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

Utility Availability. As of Prior to the expiration of the Diligence Period, Developer Company shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services areare or will be: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Project Agreement

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Utility Availability. As of expiration of the Diligence PeriodPrior to Closing, Developer Developer, at its expense, shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: (i) in adjoining public rights-of-way or properly granted utility easements; and (ii) serving, or will serve, the Project Development Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project Projects in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Economic Development Agreement

Utility Availability. As of Prior to expiration of the Diligence Period, Developer shall have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and other utility services areare or will be: (i) in adjoining public rights-of-way or properly granted utility easements; , and (ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities and volumes, for the construction and use of the Project in accordance with the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Project Agreement

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